Myth vs. Fact: DHS Zero-Tolerance Policy

July 2, 2018

Nevada Families for Freedom
State Affiliate National Eagle Forum
186 Ryndon Unit 12, Elko, Nevada 89801, 775-397-6859, Sparks 775-356-0105
www.nevadafamilies.org  Janine Hansen director@nevadafamilies.org,
July 2, 2018, In the Year of Our Lord 2017

Here are the FACTS on Trump’s Federal Immigration Policy!

This information is extremely valuable to CUT THROUGH THE ORCHESTRATED LIES of the Controlled Media howling about the “children”. That’s always their ploy while killing millions of children in the womb without regret. This policy was in place before Trump instituted the latest Executive Order on family separation and is VERY REASONABLE. Remember, none of them would be separated if they were not coming illegally into our county. Homeland Security: https://www.dhs.gov/news/2018/06/18/myth-vs-fact-dhs-zero-tolerance-policy

In recent days, we have seen reporters, Members of Congress, and other groups mislead the public on the Department of Homeland Security’s (DHS) zero-tolerance policy.

Federal law enforcement officers have sworn duties to enforce the laws that Congress passes.  Repeating intentionally untrue and unsubstantiated statements about DHS agents, officers, and procedures is irresponsible and deeply disrespectful to the men and women who risk their lives every day to secure our border and enforce our laws.

Myth: DHS has a policy to separate families at the border.

Fact: DHS does not have a blanket policy of separating families at the border.  However, DHS does have a responsibility to protect all minors in our custody.  This means DHS will separate adults and minors under certain circumstances.  These circumstances include: 1) when DHS is unable to determine the familial relationship, 2) when DHS determines that a child may be at risk with the parent or legal guardian, or 3) when the parent or legal guardian is referred for criminal prosecution.

Familial Relationship – If there is reason to question the claimed familial relationship between an adult and child, it is not appropriate to detain adults and children together.

Human Trafficking and Smuggling – If there is reason to suspect the purported parent or legal guardian of human trafficking or smuggling, DHS detains the adult in an appropriate, secure detection facility, separate from the minor.  DHS continues to see instances and intelligence reports indicating minors are trafficked by unrelated adults, posing as a “family” in an effort to avoid detention.

Safety Risk – If there is reason to suspect the purported parent or legal guardian poses a safety risk to the child (e.g. suspected child abuse), it is not appropriate to maintain the adult and child together.

Criminal Prosecution – If an adult is referred for criminal prosecution, the adult will be transferred to U.S. Marshals Service custody and any children will be classified as an unaccompanied alien child and transferred to the Department of Health and Human Services custody.

In recent months, DHS has seen a staggering increase in the number of illegal aliens using children to pose as family units to gain entry into the United States. From October 2017 to February 2018, there was a 315 percent increase in the number of cases of adults with minors fraudulently posing as “family units” to gain entry.

Myth: Prior to April 2017, DHS never separated families arriving at the border.
Fact: DHS has separated families under the circumstances described above.  Because of court decisions, DHS can generally no longer hold families in detention beyond 20 days.

Myth: DHS can indefinitely detain families who cross the border illegally.
Fact: DHS generally releases families within 20 days.  This creates a “get out of jail free” card for illegal alien families and encourages groups of illegal aliens to pose as families hoping to take advantage of that loophole.
In 2014, DHS increased detention facilities for arriving alien families and held families pending the outcome of immigration proceedings.  However, a federal judge ruled in 2016 that under the Flores Settlement Agreement, minors detained as part of a family unit cannot be detained in unlicensed facilities for longer than a presumptively reasonable period of 20 days, at which point, such minors must be released or transferred to a licensed facility.  Because most jurisdictions do not offer licensure for family residential centers, DHS rarely holds family units for longer than 20 days.  The judge’s ruling made it much more difficult for the Federal government to use the detention authorities Congress gave it.

Myth: DHS is referring for prosecution all families coming to the border.
Fact: DHS only refers to the Department of Justice those adults who violate the law by crossing the border illegally (or who have violated some other criminal law) and are amenable for prosecution. When adults, with or without children, unlawfully enter this country, there must be a consequence for breaking our laws.
DHS is not referring for prosecutions families or individuals arriving at ports of entry or attempting to enter the country through legal means.  These families and individuals have not broken the law and will be processed accordingly.

Myth: DHS is turning away asylum seekers at ports of entry.
Fact: DHS complies with Federal law with regard to processing individuals claiming asylum at ports of entry.
CBP processes all aliens arriving at all ports of entry without documents as expeditiously as possible without negatively affecting the agency’s primary mission to protect the American public from dangerous people and materials while enhancing the nation’s economic competitiveness through facilitating legitimate trade and travel. As the number of arriving aliens determined to be inadmissible at ports of entry continues to rise, CBP must prioritize its limited resources to ensure its primary mission is being executed.  Depending on port circumstances at the time of arrival, CBP officials will allocate the necessary resources to its primary mission and operate appropriate access controls and queue management procedures for those arriving aliens without proper travel documents.

Myth: DHS separates families who entered at the ports of entry and who are seeking asylum – even though they have not broken the law.
Fact: If an adult enters at a port of entry and claims asylum, they will not face prosecution for illegal entry. DHS does have a responsibility to protect minors we apprehend and will separate in three circumstances:1) when DHS is unable to determine the familial relationship, 2) when DHS determines that a child may be at risk with the parent or legal guardian, or 3) when the parent or legal guardian is referred for criminal prosecution.

Myth: Once separated, arriving alien adults cannot contact minors and are not told where the minors are being held by the Department of Health and Human Services (HHS).
Fact: DHS is committed to and has procedures in place to connect family members after separation so adults know the location of minors and have regular communication with them.
HHS and DHS work to facilitate communication between detained adults and minors (in HHS custody) in a number of ways to include telephone and/or video conferencing.  Additionally, ICE has posted information in all over 72-hour facilities advising detained adults who are trying to locate, and/or communicate with a child in the custody of HHS to call the Detention Reporting and Information Line (DRIL) for assistance.  This posted information includes: HHS Adult Hotline (24 hours a day, 7 days a week, in both English and Spanish):

If calling from outside an ICE detention facility, call 1-800-203-7001. If calling from an ICE detention facility, dial 699# on the free call platform. Please note that you will need to provide the child’s full name, date of birth, and country of origin.  It is also helpful to provide the child’s alien registration number, if you know it.

HHS Email: information@ORRNCC.com Individuals may also obtain information about a particular immigration case (including their child’s), or information about reunifying with minors, through the following methods:

ICE Call Center (Monday–Friday, 8 am-8 pm EST): If calling from outside an ICE detention facility, call 1-888-351-4024. If calling from an ICE detention facility, dial 9116# on the free call platform. ICE Email: Parental.Interests@ice.dhs.govAdditionally, CBP has developed and distributed bilingual documents outlining the separation and reunification process.

Myth: Language barriers prevent aliens apprehended at the border, and subject to prosecution, from receiving adequate information.
Fact: All US Border Patrol trainees are required to take Spanish language training while at the Border Patrol Academy, and achieve proficiency in Spanish.  All Border Patrol personnel on the Southwest Border are bilingual. CBP apprehends illegal aliens from numerous countries that speak many languages other than Spanish.  Should an agent ever have a language or communication issue, they are required to find another Agent who speaks the language or to utilize contract interpreters. All Border Patrol personnel at the border are directed to clearly explain the relevant process to apprehended individuals.  CBP provides detainees with written documentation (in Spanish and English) that lays out the process – to include the appropriate phone numbers to contact.

Myth: CBP and ICE officers are not properly trained to separate minors from their custodians.
Fact: The safety of CBP employees, detainees, and the public is paramount during all aspects of CBP operations.  CBP treats all individuals in its custody with dignity and respect, and complies with all laws and policy, including CBP’s National Standards on Transport, Escort, Detention, and Search (TEDS). TEDS reinforces/reiterates the need to consider the best interest of children and mandates adherence to established protocols to protect at-risk populations, to include standards for the transport and treatment of minors in CBP custody. All ICE facility staff who interact with adults receive trauma-informed care training.  ICE is augmenting mental health care staffing, to include trained clinical staff, to provide mental health services to detained adults.

Myth: DHS detention facilities are in poor condition and do not provide clean drinking water.
Fact: DHS facilities are safe and sanitary, and adults and minors are provided access to food and drinking water, medical care as needed, and adequate temperature control and ventilation.

Myth: DHS and HHS houses migrants in “inhumane fenced cages” or in an “ice box.”
Fact: DHS and HHS utilize short-term facilities in order to process and temporarily hold migrants that have been apprehended.  These short-term facilities do not employ the use of ‘cages’ to house minors. Certain facilities make use of barriers in order to separate minors of different genders and age groups – for the safety of those who are being held. Additionally, CBP facilities have adequate temperature control and ventilation.  ICE facilities are designed for longer-term detention of adults and, in some cases, families. DHS takes seriously our responsibility for the safety and security of all migrants in the custody of the United States government.

Myth: DHS has never separated families for prosecutions before – this is a new policy in this Administration.
Fact: Illegal border crossers, including family units, were referred for prosecutions, as appropriates, under the previous
Administration. The average referral rate for amenable adults from FY10 – FY16 was 21 percent.

Myth: By choice, DHS refuses to keep families together through the immigration adjudication and removal process.
Fact: Court decisions interpreting the Flores Settlement Agreement (FSA), which has been in existence for over 20 years but was significantly broadened in 2016, limits the government’s ability to detain family units. Pursuant to these court decisions, minors detained as part of a family unit cannot be detained in unlicensed facilities for longer than a presumptively reasonable period of 20 days, at which point, minors must be released or transferred to a licensed facility.  Because most jurisdictions do not offer licensure for family residential centers, DHS can rarely detain a family for longer than 20 days. The Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) requires unaccompanied alien children (other than those from contiguous countries – Mexico and Canada – who are eligible to withdraw their application for admission) be transferred from DHS to the Department of Health and Human Services within 72 hours, absent exceptional circumstances. -end Homeland Security information-

Protect Nevada Taxpayers, businesses and families, from the tax-burden of illegal immigration. According to the Center for Immigration Studies 62% of households headed by illegal immigrants used one or more welfare programs. The Federation for Immigration Reform estimates that the annual fiscal burden on Nevada taxpayers associated with illegal immigration to be about $630 million equating to an average annual cost of about $763 per native-born headed household in the State. In 2015 the two largest categories of the $11.5 billion state budget were education 22.9% and Medicaid 25.6% heavily weighted with tax dollars to illegals.

Nevada Families Resumes Publication of the Voter Guide

Nevada Families for Freedom is once again planning to publish our Voter Guide. We published a Voter Guide 1986 through 2014. In 2016, my son, his wife and 8 children becoming 9, now 10, lived with me. It was wonderful to have my grandchildren with me, but it was impossible to do everything I’ve usually done…I’m sure you can understand that!

The Voter Guide is a very difficult, time consuming and expensive project. One of the problems is that candidates just don’t want to answer questions. However, if they don’t answer we can assume that they are not with us on the issues.

Our initial plan is to cover all candidates for Statewide office, U.S. Congress, State Senate and Assembly and County Commissioners. Some of the issues we will be asking candidates if they support or oppose include: SJR14 the massive property tax increase, our right to keep and bear arms, choice in education and eliminating Common Core, protecting religious liberty which is now under assault by the Left thru “political correctness”, a sanctuary state and state policies which move us in that direction, tax-funded abortions, and assisted suicide which has resulted in insurance companies in Oregon and California eliminating life-saving options and recommending the cheaper option of suicide in order to save money.

In addition, we want to ask about their position on AJR14 a Constitutional Amendment which has to be voted on again in 2019 and guarantees free emergency medical care (which is already the federal and state law) and caps hospital charges instituting socialist price controls resulting in less adequate and available medical care for all. In California at least 84 hospitals have closed in the last dozen years, many due to overuse of emergency rooms and illegal aliens unpaid medical bills. Hospitals are in business to make money.

We will publish the Voter Guide online and as much as we are able in the Newsletter. We will include the popular “Recommendations for Questions on the Ballot.” Your support of our efforts is critical.

Thanks, Janine Hansen

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186 Ryndon Unit 12, Elko, NV 89801